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Journal Equity of Law and Governance
Published by Universitas Warmadewa
ISSN : 27759512     EISSN : 27765121     DOI : https://doi.org/10.22225/elg.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly welcome.
Arjuna Subject : Umum - Umum
Articles 163 Documents
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Analysis of Ptun Decision No: 59/G/2021/Ptun-Mdn Regarding the Lawsuit Against the Regent of Deli Serdang Over the Dismissal of Asn: Siyasah Qadhaiyyah Perspective Nurhasanah; Putri Eka Ramadhani
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10318.142-147

Abstract

This research analyzes the decision of the Medan State Administrative Court (PTUN) Number: 59/G/2021/PTUN-MDN regarding the Deli Serdang Regent's lawsuit regarding the dismissal of the State Civil Apparatus (ASN) from a siyasah qadhai yyah perspective. Analysis from the siyasah qadhaiyyah perspective is interesting because it can provide insight into how the principles of justice and governance in Islam can be related to modern administrative justice practices. Concepts such as regional al-mazalim (courts to deal with official injustice), the principle of trust in leadership, and the concept of substantive justice in Islam will be analytical frameworks that enrich our understanding of this case. The method used in this research is normative juridical, namely a legal research method carried out by reviewing library materials or secondary data. Data collection techniques were carried out through literature study and data analysis using qualitative descriptive methods. In a broader context, this case also reflects the dynamics of the relationship between regional government and ASN in the era of regional autonomy. This raises questions about the extent to which decentralization of power can affect the protection of ASN's rights and how a system of checks and balances can be implemented effectively at the regional government level. This article aims to analyze the PTUN decision not only from the perspective of Indonesian positive law, but also from the perspective of siyasah qadhaiyyah in Islamic law.
Juridical Analyst of Village Fund Management in Community Empowerment Based on The Regulation of The Regent of Labuhan Batu Selatan Number 9 Of 2022 From the Perspective of Fiqh Siyasah Bahriansyah Putra Lubis; Syaddan Dintara Lubis
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10324.1-7

Abstract

This research examines the legal management of village funds for community empowerment in Labuhan Batu Selatan, as regulated by Regent Regulation Number 9 of 2022, from a Fiqh Siyasah perspective. Village fund management aims to support the implementation of village governance and increase community empowerment. In a legal context, it is important to analyze how existing regulations govern distribution of village funds as well the extent to which these regulations are implemented effectively to achieve empowerment goals. Central and regional finances received by the district, namely in their distribution in every village, are distributed with a fair distribution of at least 10%. In this research, a qualitative method with a descriptive approach was used. The results of this study show that normatively and administratively the management of village funds is running well but is not optimal related to substance of empowerment in the Community. However, based on core aspects management, it does not fully reflect the true meaning of community empowerment, apart from that, several stakeholder functions have not been implemented optimally. Village fund management is only dominated by Village leaders as organizers paternalistic attitude of village communities causes them to be less responsive and uncaring completely entrust Administration of the village budget by the village head
Protection of Rubber Plantation Managers Perspektif Mui Fatwa No.85 Dsn-Mui/Xii/2012 (Case Study of Gotting Julu Village, Huristak District, Padang Lawas Regency) Fauzan Azhari Hasibuan; Rahmad Efendi
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10365.89-95

Abstract

The purpose of this research was to find out how to protect rubber plantation managers in Gotting Julu village, Huristak District, North Padang Lawas Regency. This research is carried out using a type of field research, which is direct research and interaction with the research object. In analyzing the researches uses qualitative descriptive, namely a research procedure that explains the reality obtained from the field. Data collection was carried out by interview and observation methods to meet the results of this study. The results of this study found. 1) the land owner violates the agreement that has been mutually agreed upon and does not provide equipment at all to cultivate 2) the land owner cuts the percentage that is determined for the rubber plantation manager 3) the contract carried out between the owner and the rubber plantation cultivator in Gotting Julu village is only carried out verbally with the principle of kinship, the reason for the rubber plantation land owner in carrying out this cooperation is because of the manpower that is no longer able to process, the time is not there, and to help help Meanwhile, the reason for farmers is because they do not have land, lack of economy. The application of rubber farmer profit sharing that occurred in Gotting Julu Village, Huristak District, Padang Lawas Regency was reviewed from several aspects such as the method of agreement or contract was only carried out orally and was not attended by witnesses, the land owner did not provide tools for the manager.
Review of Islamic Criminal Law on Criminal Sanctions for Persecution of Jumping Bastards in Belawan (Study Decision Number: 559/Pid.B/2022/Pn.Mdn.) Hotma Ringan Limbong; Sukiati
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10367.131-141

Abstract

This study examines how judges determine criminal sanctions for perpetrators involved in the persecution of jumping squirrels under Islamic Criminal Law, focusing on Case Decision Number 559/Pid.B/2022/PN. Mdn. Using a normative legal research method, this literature-based analysis scrutinizes primary and secondary legal materials through a case and analytical approach. The study reveals that the judge classified the perpetrator's actions as 'persecution that resulted in death,' leading to a 5-year prison sentence, which was reduced due to the perpetrator's polite behavior and remorse. According to Article 351 Paragraph (3) of the Criminal Code, the standard penalty for persecution causing death is 7 years in prison. The judge's decision deviates from this guideline, reflecting a more lenient approach possibly influenced by the perpetrator’s conduct and regret. Under Islamic Law, such acts fall under 'murder by mistake,' where the perpetrator, lacking intent to kill, causes death through negligence. In Islamic Criminal Law, this would typically warrant diat (compensation), not ta’zir (discretionary punishment). However, since Indonesian law does not fully adhere to Islamic principles, the ta’zir punishment is deemed appropriate within the Indonesian legal context. This research contributes to legal development in Indonesia and serves as a reference for future studies on similar themes, advocating for better alignment and understanding between Islamic and national legal practices.
The Legal Perspective of Accepting Donations from Mobile Legends Streamers Affiliated with Online Gambling Sites: Yusuf Qardhawi's Viewpoint Mahdali Shofi; Tetty MarlinaTarigan
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10369.34-40

Abstract

The rise of Mobile Legends as a popular game has led to new forms of interaction between streamers and their audiences, including financial support through donations. This study examines the legal implications of accepting donations from Mobile Legends streamers affiliated with online gambling sites, using Yusuf Qardhawi’s Islamic legal perspective as a framework. It is not uncommon for viewers to show their appreciation to Mobile Legends streamers as a form of support for the players. However, the issue arises with donations or contributions affiliated with online gambling sites. Streamers, who typically conduct live broadcasts to play Mobile Legends and interact with viewers, have come under scrutiny after receiving donations ranging from tens to hundreds of millions of rupiah from online gambling sites. This study aims to understand the legal perspective of accepting donations from Mobile Legends streamers affiliated with online gambling sites according to Yusuf Qardhawi's viewpoint. This research employs empirical legal research with a qualitative approach. Data is sourced from primary and secondary legal materials. Based on the findings, it is concluded that accepting donations is a permissible act. However, before practicing it, the source must be identified to determine whether it is obtained through lawful means or otherwise. In Islam, gambling is clearly prohibited. A Muslim should not use gambling as a means of entertainment or to fill leisure time, nor is it permissible to use it as a way to earn money under any circumstances.
Pentahelix Collaboration in the Recovery and Development of the Mekko Beach Tourism Sector Based on East Flores Regency Regional Regulation Article 12 Paragraph 2 Number 4 of 2015 From the Perspective of Siyasah Dusturiyah Malik, Ismail; Asro, Asro; Alamsyah, Taufiq
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10372.65-73

Abstract

The study examines the pentahelix collaboration model involving government, community, academia, business, and media in the tourism recovery and development of Mekko Beach, East Flores Regency. Despite its potential, the region faces challenges like limited infrastructure and promotional efforts. Based on Regional Regulation Article 12 Paragraph 2 Number 4 of 2015 from a siyasah dusturiyah perspective. The introduction explains the importance of the tourism sector for East Flores Regency and the challenges faced in developing Mekko Beach in a sustainable manner. The aim of the research is to analyze the role of each actor in pentahelix collaboration and the effectiveness of implementing regional regulations. The research method uses a qualitative descriptive approach with case studies, collecting data through interviews with stakeholders and document analysis. The findings highlight the importance of justice, public good, and transparency in effective collaboration. Although progress has been made, gaps remain between policy and practice, particularly in resource allocation and community participation. Strengthening coordination and enhancing local involvement are crucial for overcoming these challenges and achieving sustainable tourism development. Further research is suggested to explore innovative community engagement strategies in similar contexts.
Legal Review of Implementation of Cooperation Agreements between Agents and Distributors in Business Law Principles Sofwan, Muhammad; Rokilah
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10376.58-64

Abstract

This study examines the cooperation agreement between agents and distributors in the distribution of 3 kg Liquefied Petroleum Gas (LPG). A law consists of regulations that govern society, and a treaty is an agreement where parties commit to certain obligations, ensuring legal certainty and justice. LPG, typically a colorless and odorless fuel, is crucial for various domestic and international uses. The research focuses on how well the Agent-to-Distributor cooperation agreement is being implemented and the legal consequences if the distributor fails to comply with it. Using empirical legal research methods, the study gathers relevant data and analyzes the effectiveness of the cooperation agreement. The findings indicate that the implementation of the agreement is generally in line with the written terms. However, if the distributor does not adhere to the agreement, they may face legal penalties, including sanctions and fines. This research highlights the importance of contractual agreements in ensuring smooth LPG distribution and the need for compliance to avoid legal repercussions.
The Crime of Corpse Theft in Cemeteries in the Perspective of Islamic Criminal Law Septi Angraini Harahap; Sukiati
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10404.81-88

Abstract

The theft of corpses in Indonesian cemeteries, often for black magic and rituals, is a growing concern. The Criminal Code (KUHP) penalizes this act with up to one year and four months in prison and a fine of 4,500 rupiahs under Article 180. The Draft Criminal Code proposes harsher penalties, including up to two years in prison and a higher fine, under Article 271. This study examines corpse theft from the perspective of Islamic criminal law and assesses the relevance of current KUHP sanctions. The findings reveal that Islamic law strictly prohibits corpse theft, categorizing it as a serious violation of human dignity and a jarimah hudud crime for sariqah, rather than jarimah ta'zir. However, ta'zir sanctions apply if the conditions for hudud are unmet. This research aims to contribute to the discourse on the various forms of theft in society, emphasizing the importance of context and the evolving nature of legal issues in Islamic criminal law.
Implications of the Pre-Wedding Photographer Profession Perspective of the Fatwa Commission of the Indonesia Ulema Council of North Sumatra Province Decree Number: 03/KF/MUI-SU/IV/2011 Regard: Pre-Wedding Photo Isah Wiyanda; Rahmad Efendi
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10409.49-57

Abstract

This study analyzes the implications of the Indonesian Ulema Council (MUI) decision regarding pre-wedding photos on the profession of photographers in North Sumatra Province Decision Number: 03/KF/MUI-SU/IV/2011 Regarding: Pre-Wedding Photos:This study aims to analyze the implications of the decision of the Fatwa Commission of the Indonesian Ulema Council (MUI) of North Sumatra Province regarding pre-wedding photos on the profession of photographers in the region. Decision Number: 03/KF/MUI-SU/IV/2011 establishes ethics and limitations for photographers in taking pre-wedding photos based on an Islamic perspective. The study employs a juridical-empirical approach with qualitative research methods to understand the impact of the decision on professional practices of photographers. Data is collected through in-depth interviews with photographers, religious scholars, and engaged couples, as well as analysis of documents related to the MUI decision. The research findings indicate that the MUI decision significantly impacts the photographer profession. Photographers must adjust their practices according to the principles set out in the MUI decision, such as avoiding poses and clothing that do not align with Islamic values. However, this decision also presents challenges for photographers in meeting diverse client demands. This study provides important insights into the relationship between religious norms and the photographer profession within a local cultural context, as well as recommendations for photographers to adapt to the MUI decision while remaining professional and respecting religious values.
The Implementation of Chemical Castration for Pedophilia Offenders in The Review of Law No.17 Of 2016 And Islamic Criminal Law Khoirul Ikhsan Al amanah; Sudirman Suparmin
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10412.74-80

Abstract

This study looks at the Law No. 17/2016's provisions regarding chemical castration as a penalty for pedophilia and contrasts them with Islamic criminal law. This study examines pertinent laws and literature using a normative juridical framework to determine the acceptability and efficacy of chemical castration. The research findings reveal that chemical castration, as an additional punishment in Law No. 17/2016, aims to provide a deterrent effect and protect victims from sexual crimes. However, from the perspective of Islamic criminal law, there are significant differences regarding the permissibility and effectiveness of this punishment, which emphasizes justice, victim recovery, and proportional punishment. This study concludes that although chemical castration is considered a preventive measure in Indonesia's positive legal system, its implementation needs to be further considered in order to comply with the principles of justice in Islamic criminal law.

Page 13 of 17 | Total Record : 163

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